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Patna High CourtCWJC/18957/2013dismissed

Tribhuwan Nath Mishra v. The State Of Bihar And ORS

2015-03-20Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18957 of 2013 ====================================================== Tribhuwan Nath Mishra Son Of Late Satya Narain Mishra Resident Of Village- Purwa, Post Office- Chandralya Police Station- Hazipur Sadar, District- Vaishali .... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Secretary, S.C./S.T. Welfare Department, Government Of Bihar, Old Secretariat, Patna

2. The Secretary, S.C./S.T. Welfare Department, Government Of Bihar, Old Secretariat, Patna

3. The Director, S.C./S.T. Welfare Department, Government Of Bihar, Patna

4. The District Welfare Officer, Madhubani, District- Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv For the Respondent/s : Mr. Tej Bahadur Singh, AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 20-03-2015 Heard learned counsel for the parties.

Having regard to the fact that the petitioner in this writ petition has assailed an office order dated 03.09.2013, whereby and whereunder, his earlier order of transfer dated 29.06.2013 was modified, this Court on finding that the said order dated 03.09.2013, having been not stayed by learned Single Judge while hearing the matter on 26.11.2013, and the appellate Court had also refused to interfere with the order of learned Single

Patna High Court CWJC No.18957 of 2013 (3) dt.20-03-2015 Judge dated 26.11.2013 in L.P.A No. 1713 of 2013, whereafter the petitioner had already joined at the place indicated in the impugned order dated 03.09.2013, will have no option but to hold that this writ application has become infructuous, inasmuch as, the order of transfer has been complied by the petitioner and now he has no right to challenge the same.

That being so, this application on account of subsequent events has become infructuous and is, accordingly, dismissed as having become infructuous. (Mihir Kumar Jha, J) Ranjan/- U